Has anyone managed to successfully argue that a person’s share in a property (in this instance a two third share, with daughter owning one third share) has a nominal value and therefore should makes no difference to the financial assessment for the purpose of care home fees?
Dispute with local authority re care fees
- Thread starter Little Sunshine
- Start date
As has ben said (but with a bit of jargon used) under the old rules (CRAG) Charging for Residential Accommodation Guide the case was successfully used that as the home's value was the market rate then you'd have to value the ownership of part ownership, as no one wants to buy part of a house then it's market value is zero so it wasn't counted.
That changed when the 2014 Care Act came into force on the 1st April 2015 and now the figure used is their share of the market value disregarding the nature of the ownership.
People on here have in the past used this argument but that was then and now is now. Some "Inheritance Protection" companies are still telling people to put a part of their home into someone else's name is a way to avoid care home fees, it isn't.
K
That changed when the 2014 Care Act came into force on the 1st April 2015 and now the figure used is their share of the market value disregarding the nature of the ownership.
People on here have in the past used this argument but that was then and now is now. Some "Inheritance Protection" companies are still telling people to put a part of their home into someone else's name is a way to avoid care home fees, it isn't.
K
I really feel we need very clear rules. We also need a cap on fees, this was hoped to mean insurance companies would offer policies. We also need local authorities to look after all residents so everyone paid the same in a home whether self funded or council funded. We need well trained and paid Carers, a career route for for a complex job. OK I know I am talking to myself but as the t shirt said at least one person is listening
If I were rich with a legal background ....................
It all seems so unjust.
If I were rich with a legal background ....................
It all seems so unjust.
I agree!I really feel we need very clear rules. We also need a cap on fees, this was hoped to mean insurance companies would offer policies. We also need local authorities to look after all residents so everyone paid the same in a home whether self funded or council funded. We need well trained and paid Carers, a career route for for a complex job. OK I know I am talking to myself but as the t shirt said at least one person is listening
If I were rich with a legal background ....................
It all seems so unjust.
